Handgun Charge Lawyer Union County, NJ

Handgun Charge Lawyer Union County, NJ

Navigating New Jersey’s Strict Gun Laws: Your Freedom & Future Are at Stake

Have you been arrested or charged with a gun crime in Union County, New Jersey? The situation is undoubtedly serious, with potential consequences that can drastically alter the course of your life. The mere accusation of a handgun offense can result in severe penalties, including lengthy prison sentences, hefty fines, and a permanent criminal record. Your future, freedom, and reputation are on the line.

At Brett M. Rosen, Esq., we understand the gravity of handgun charges and the complex legal landscape in New Jersey. We are a team of seasoned criminal defense attorneys with a proven track record of success in defending clients against all types of gun offenses in Union County. Rosen is also certified by the Supreme Court of New Jersey as a Criminal Trial Attorney. A distinction held by approximately less than 1% of attorneys in New Jersey. Our in-depth knowledge of New Jersey’s gun laws, coupled with our aggressive advocacy, makes us your trusted partner in navigating this challenging situation.

Why Choose Brett M. Rosen, Esq. for Your Union County Handgun Charge Defense?

• Extensive Experience: Our attorneys have decades of combined experience defending clients against a wide array of gun charges, from unlawful possession to weapons trafficking. We possess the specialized knowledge and experience required to navigate the complexities of your case.
• Proven Results: We have a proven track record of success in securing favorable outcomes for our clients. Our results include dismissals, reduced charges, acquittals, and minimized sentences, demonstrating our unwavering commitment to achieving the best possible outcome for your case.
• Local Knowledge: We are deeply familiar with the Union County court system, the local judges, and the prosecutors’ tactics. This knowledge allows us to navigate the legal process efficiently and effectively advocate for your interests.
• Client-Centered Approach: We understand that facing a handgun charge is stressful and overwhelming. We prioritize open communication, personalized attention, and ensuring our clients feel informed and empowered throughout their case. We are available 24/7 to answer your questions and address your concerns.
• Aggressive Advocacy: We are relentless in our pursuit of justice and will leave no stone unturned in building a strong defense on your behalf. We will meticulously examine the evidence, challenge the prosecution’s case, and fight for your rights every step of the way.

Understanding Handgun Charges in New Jersey: N.J.S.A. 2C:39-5b

New Jersey has some of the strictest gun control laws in the nation. The state heavily regulates the possession, sale, and use of firearms, including handguns. Understanding the different types of handgun charges under N.J.S.A. 2C:39-5 and their potential penalties is crucial for building an effective defense.

Common Handgun Charges in Union County:

• Unlawful Possession of a Weapon (N.J.S.A. 2C:39-5b): This charge applies when you possess a handgun without a valid permit or license, including possession in your home, car, or on your person. It is generally a second-degree crime, punishable by 5 to 10 years in prison.
• Possession of a Weapon for an Unlawful Purpose (N.J.S.A. 2C:39-4a): This charge applies when you possess a handgun with the intent to use it to commit a crime. It is typically a second-degree crime, but the degree can be elevated depending on the intended crime.
• Certain Persons Not to Have Weapons (N.J.S.A. 2C:39-7): This charge applies when you are prohibited from possessing a firearm due to a prior criminal conviction, domestic violence restraining order, or other disqualifying factors. The degree of the crime depends on the specific prohibition.
• Defaced Firearms (N.J.S.A. 2C:39-3d): This charge involves possessing a firearm with an altered or obliterated serial number. It is typically a fourth-degree crime, punishable by up to 18 months in prison.
• Manufacturing, Transporting, Shipping, or Selling “Ghost Guns” (N.J.S.A. 2C:39-1.1): In 2022, New Jersey amended its laws to make it a first-degree crime to knowingly possess, manufacture, transport, ship, or sell “ghost guns,” which are untraceable firearms without serial numbers.
• Possession of a Large Capacity Ammunition Magazine (LCA) (N.J.S.A. 2C:39-3j): New Jersey restricts the capacity of ammunition magazines to 10 rounds. Possession of an LCA (over 10 rounds) can result in charges.
• Other Handgun-Related Offenses: This includes charges like brandishing a firearm, aggravated assault with a firearm, or possessing a firearm while under the influence of drugs or alcohol. The penalties for these offenses vary depending on the specific charge.

The Graves Act: Mandatory Minimums for Certain Gun Crimes

New Jersey’s Graves Act is a law that imposes mandatory minimum prison sentences for certain gun crimes, including unlawful possession of a handgun. This means that even if you have no prior criminal record, you could face a minimum of three & half years in prison if convicted under the Graves Act. This makes it even more critical to have an experienced attorney on your side to fight for your rights and explore potential defenses.

Understanding the Graves Act’s Impact

If you are convicted of an illegal handgun offense in Union County, the Graves Act can have serious consequences:

• Mandatory Minimum Prison Sentences: Depending on the specific charge, you could face a mandatory minimum sentence of 5 years behind bars.
• Parole Ineligibility: The Graves Act may require you to serve a substantial portion of your sentence before becoming eligible for parole. For a handgun charge, you will have to serve 42 months in prison before becoming eligible for parole.
• Long-Term Consequences: A felony conviction under the Graves Act can impact your future, including employment opportunities, housing options, and even the right to vote.

Who is Affected by the Graves Act?

The Graves Act applies to various handgun offenses, including:

• Unlawful possession of a handgun without a permit
• Possession of a handgun during the commission of a crime (e.g., robbery)
• Possession of certain prohibited weapons (e.g., sawed-off shotguns)
• Possession of a defaced firearm

Why Handgun Charges in Union County Are a Serious Matter

The consequences of a handgun conviction in Union County can be devastating, including:

• Severe Penalties: The Graves Act mandates minimum prison sentences for certain gun crimes, making the penalties for handgun offenses in New Jersey some of the harshest in the country.
• Loss of Firearm Rights: A conviction for a gun crime can result in a permanent loss of your right to own or possess firearms.
• Criminal Record: A conviction will result in a criminal record, which can impact your employment, housing, education, and other opportunities.
• Other Consequences: Additional penalties may include fines, probation, community service, and immigration consequences if you are not a U.S. citizen.

Handgun Charge Lawyer Union County, NJ

How Brett M. Rosen, Esq., Can Defend You Against Handgun Charges in Union County, NJ

Facing a handgun charge in Union County, New Jersey is an overwhelming experience. But with the right legal team, you can fight back and protect your rights. Brett M. Rosen, Esq. offers a comprehensive and strategic approach to defending against handgun charges in Union County:

1. Thorough Investigation: We will meticulously examine every aspect of your case, including the circumstances of the arrest, the police conduct, the validity of any search warrants, and the chain of custody of the firearm. We will leave no stone unturned in our search for evidence to support your defense.

2. Challenging the Evidence: Our team will scrutinize the evidence against you and identify any weaknesses or inconsistencies. We may challenge the validity of search warrants, the reliability of witnesses, or the admissibility of evidence.

3. Expert Witness Testimony: If necessary, we will consult with experts in firearms, ballistics, forensic science, and other relevant fields to provide expert testimony to support your defense.

4. Exploring All Legal Defenses: We will tailor a defense strategy to your unique circumstances, exploring all available legal options.

Potential Defenses Against Handgun Charges

Some common defenses we may explore include:

• Lack of Possession: Proving you did not possess the handgun or were unaware of its presence. We may challenge the prosecution’s evidence, showing that you did not have actual or constructive possession of the firearm.
• Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights by conducting an illegal search and seizure, the evidence obtained may be inadmissible in court. We will scrutinize the police actions to ensure they followed proper procedures and had a valid reason to search you or your property.
• Valid Permit/License: If you possessed a valid permit or license to carry or transport the handgun, this can be a complete defense to certain charges. We will review your documentation and ensure it is in compliance with New Jersey law.
• Lack of Intent: For charges like possession of a weapon for an unlawful purpose, we may argue that you did not have the intent to use the handgun for a criminal act. We will investigate your actions and circumstances to demonstrate that you did not intend to commit a crime with the firearm.
• Self-Defense: If you possessed the handgun for self-defense purposes and your use of it was reasonable and justified, this may be a valid defense. We will carefully analyze the circumstances of your case to determine if self-defense applies.
• Entrapment: If law enforcement induced or coerced you into committing a gun offense, you may have a defense of entrapment. This requires proving that you would not have committed the crime but for the actions of law enforcement.
• Duress: If you were forced to possess the handgun under duress or coercion, this may be a defense. This typically requires demonstrating that you faced an immediate threat of harm and had no reasonable alternative but to possess the firearm.
• Necessity: In rare cases, if you possessed the handgun out of necessity to prevent a greater harm, this may be a valid defense. This defense is limited and requires demonstrating that your actions were necessary to avoid a significant and immediate threat to yourself or others.

Frequently Asked Questions About Handgun Charges in Union County

1. Can I be charged with unlawful possession of a handgun if the gun was unloaded? Yes, New Jersey law generally does not distinguish between loaded and unloaded firearms when it comes to unlawful possession charges. Even possessing an unloaded handgun without a permit can lead to serious charges under the Graves Act.
2. What if I was transporting a gun to or from a gun range or gun show? New Jersey law has specific requirements for transporting firearms. The firearm must be unloaded, contained in a closed and fastened case, gun box, or securely tied package, and transported directly to or from a place of purchase, repair, or target practice. Failure to adhere to these requirements can result in charges.
3. Can I be charged with a gun crime if I have a firearms purchaser identification card (FPIC) but not a permit to carry? Yes. While an FPIC allows you to purchase a handgun, it does not authorize you to carry or transport it without a separate permit to carry. Possessing a handgun without a permit to carry is a second-degree crime under N.J.S.A. 2C:39-5b.
4. What if I was only holding the gun temporarily for someone else? Even temporary possession of a handgun without a permit can lead to charges of unlawful possession. The law focuses on whether you had control over the firearm, not the duration of possession.
5. What happens if I am convicted of a handgun charge in Union County? The consequences of a conviction can be severe, including prison time, fines, loss of firearm rights, and a permanent criminal record. The specific penalties depend on the degree of the offense and any aggravating factors involved.
6. What is the process for expunging a handgun charge from my record in New Jersey? Certain handgun charges may be eligible for expungement after a waiting period, depending on the specific offense and your criminal history. An attorney can help you determine your eligibility and guide you through the expungement process.
7. Can I still get a gun permit in New Jersey if I have a prior arrest or conviction for a different offense? It depends on the nature and severity of the prior offense. Some offenses, such as felonies or certain misdemeanor offenses, can disqualify you from obtaining a gun permit. An attorney can review your criminal history and advise you on your eligibility.
8. What if the police searched my home or vehicle without a warrant? If the police conducted a search without a warrant or valid exception to the warrant requirement, any evidence obtained during the search may be suppressed in court. An attorney can challenge the legality of the search and argue for the suppression of any illegally obtained evidence.
9. Can I use self-defense as a defense to a handgun charge? Self-defense can be a valid defense if you used the handgun to protect yourself or another person from imminent danger of death or serious bodily harm, and the use of force was reasonable and proportionate to the threat.

Union County, NJ Red Flag Law (ERPO): Protecting Lives, Preventing Gun Violence

New Jersey’s Red Flag Law, formally known as the Extreme Risk Protective Order (ERPO) Act, is a powerful legal tool designed to prevent gun violence. In Union County, this law empowers concerned individuals and law enforcement to take action if someone poses a significant risk of harm to themselves or others with a firearm.

How the Red Flag Law Works in Union County:

1. Petition: A family or household member, or a law enforcement officer, can file a petition with the Union County Superior Court if they believe an individual poses an imminent risk of harm with a firearm.

2. Temporary ERPO: The court can issue a temporary ERPO based on the evidence presented. This immediately prohibits the individual from possessing or purchasing firearms and requires them to surrender any firearms they currently own.

3. Hearing: A court hearing is held within 10 days of the temporary ERPO issuance. Both sides can present evidence and arguments.

4. Final ERPO: If the court determines the individual remains a risk, a final ERPO can be issued for up to one year, prohibiting firearm possession and requiring continued surrender of any firearms.

Who Can File a Red Flag Petition in Union County?

• Family or Household Members: This includes spouses, partners, parents, children, siblings, or anyone who has resided with the individual within the past six months.
• Law Enforcement Officers: Police can file a petition based on their observations or investigations.

Don’t Face Handgun Charges in Union County, New Jersey Alone – Contact Brett M. Rosen, Esq. Today

A handgun charge in Union County, New Jersey is a serious matter with potentially life-altering consequences. At Brett M. Rosen, Esq., we have the knowledge, experience, and dedication to fight for your rights. We’ll work tirelessly to protect your freedom and future.

Call us today at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com for a free consultation.